BETA

Activities of Paul RÜBIG related to 2007/0195(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2007/0195(COD)

Amendments (51)

Proposal for a directive – amending act
Recital 3

(3) However, at present, the right to sell ~~electricity~~gas in any Member State on equal terms and without discrimination or disadvantages cannot be guaranteed to anyll companyies in ~~the Community~~all Member States. In particular, non-discriminatory network access and an equally effective level of regulatory supervision in each Member State do not yet exist, since the current legal framework is insufficient.

2008/03/17
Committee: ITRE

Dominique VLASTO, Herbert REUL, Paul RÜBIG, Nicole FONTAINE, Ján HUDACKÝ, Catherine TRAUTMANN

Proposal for a directive – amending act
Recital 4

(4) The Communication of the Commission of 10 January 2007 entitled “An Energy Policy for Europe” highlighted the importance of completing the internal market in electricity and of creating a level playing field for all electricity companies established in the Community. The Internal Energy Market Communication ~~and the final Report on the Competition Sectoral Enquiry~~ showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well functioning internal market. Furthermore, the final Report on the Competition Sectoral Enquiry and the impact assessment conducted to support the third legislative package on the internal energy market provided no convincing evidence to make it possible to determine the best or only way to improve the way the internal market works.

2008/03/17
Committee: ITRE

Dominique VLASTO, Herbert REUL, Paul RÜBIG, Nicole FONTAINE, Ján HUDACKÝ, Catherine TRAUTMANN

Proposal for a directive – amending act
Recital 5

(5) Without effective separation of networks from activities of generation and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for ~~vertically integrated~~ companies to invest adequately in their networks. The main motivation for investing is the remuneration received by the operator. If the national regulatory authority sets a low level of remuneration, this will lead to a decrease in investment. On the other hand, if it sets a fair and proportionate level of remuneration, ensuring that revenue covers costs and pays off such investment, it will automatically generate an increase in investment, regardless of whether the network operator belongs to an integrated group. Therefore, the primary major determining factor for investment resides in pricing regulation and in the role and powers of the national regulatory authorities, which should be reinforced in order to complete the internal market to the benefit of the consumer.

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Recital 6

(6) The rules on legal and functional unbundling currently in place have not yet led to effective unbundling of the transmission system operators in each Member State, partly due to lack of implementation of existing European legislation. At its meeting in Brussels on 8 and 9 March 2007, the European Council invited the Commission to develop legislative proposals for the effective separation of supply and ~~genera~~production activities from network operations.

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Recital 7

(7) Only the removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is c~~learly the most~~onsidered by the Commission as an effective and stable way to solve the inherent conflict of interest and to ensure security of supply. ~~For this reason, t~~The European Parliament in its Resolution on Prospects for the internal gas and electricity market adopted on 10 July 2007 referred to ownership unbundling at transmission level as ~~the most~~an effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission systemSince the Community has no competence to order expropriations of undertakings and means of productions and is bound to the fundamental right of property, Member States should, however, also be entitled to apply less intrusive and opner~~ator or tr~~ous mechanism~~ission system. Conversely, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking~~s to resolve conflicts of interest and to ensure investment. Moreover, only such alternatives can insure the equal treatment of public and private undertakings, being one underlying principle of Community law.

2008/03/17
Committee: ITRE

Dominique VLASTO, Herbert REUL, Paul RÜBIG, Nicole FONTAINE, Ján HUDACKÝ, Catherine TRAUTMANN

Proposal for a directive – amending act
Recital 7

(7) ~~Only t~~The removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is ~~clearly the most effective and stabl~~one of the way tos of solveing the inherent conflict of interest ~~and to ensure security of supply. For this reason, t~~. The European Parliament in its Rresolution on Pprospects for the internal gas and electricity market adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking.

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Recital 8

(8) Since ownership unbundling requires, in some instances, the restructuring of undertakings, Member States which decide to implement ownership unbundling should be granted additional time to apply the relevant provisions. In view of the vertical links between the electricity and gas sectors, the unbundling provisions should apply, moreover, across the two sectors.

2008/03/17
Committee: ITRE

Dominique VLASTO, Herbert REUL, Paul RÜBIG, Nicole FONTAINE, Ján HUDACKÝ, Catherine TRAUTMANN

Proposal for a directive – amending act
Recital 8 a (new)

(8a) Member States that so wish may apply the provisions of this Directive relating to the effective and efficient separation of transmission systems and transmission system operators. This separation is effective because it helps ensure the independence of transmission system operators. It is efficient because it provide a more appropriate regulatory framework to guarantee fair competition, sufficient investment, access for new entrants and the integration of electricity markets. It is based on a pillar of organisational measures and measures relating to the governance of transmission system operators and on a pillar of measures relating to investment, connecting new production capacities to the network and market integration through regional cooperation. It is in line with the requirements laid down by the European Council at its meeting in Brussels on 8 and 9 March 2007.

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Recital 10

(10) The setting up of system operators independent from supply and generation interests should enable vertically integrated companies to maintain their ownership of network assets whilst ensuring an effective separation of interests, provided that the independent system operator performs all the functions of a network operator or efficient and effective unbundling is implemented respectively and detailed regulation and extensive regulatory control mechanisms are put in place.

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Recital 11

(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between three options: ownership unbundling ~~and, as a derogation, setting up system operators which are independent from supply and generation interests. The full effectiveness~~, the establishment of ~~the~~an independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied withor effective and efficient unbundling.

2008/03/17
Committee: ITRE

Dominique VLASTO, Herbert REUL, Paul RÜBIG, Nicole FONTAINE, Ján HUDACKÝ, Catherine TRAUTMANN

Proposal for a directive – amending act
Recital 11

(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling ~~and, as a derogation,~~, effective and efficient unbundling of transmission systems and of transmission system operators, and setting up system operators which are independent from supply and generation interests. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.

2008/03/17
Committee: ITRE

Paul RÜBIG, Herbert REUL, Angelika NIEBLER

Proposal for a directive – amending act
Recital 12

(12) The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this effect, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies could control on the one hand generation and supply activities and on the other transmission activities.

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Recital 13

(13) ~~Full s~~Separation of network and supply activities should apply throughout the Community, so that any network operator in the Community or its affiliated companies should be prevented from having any supply or ~~genera~~production activities in any Member State. This should apply equally to EU and non-EU companies. To ensure that network and supply activities throughout the Community are kept separate, regulatory authorities should be empowered to refuse certification to transmission system operators that do not comply with the unbundling rules. To ensure a consistent application across the Community and the respect of the international obligations of the Community, the Commission should have the right to review the decisions on certification taken by the regulatory authorities.

2008/03/17
Committee: ITRE

Dominique VLASTO, Herbert REUL, Paul RÜBIG, Nicole FONTAINE, Ján HUDACKÝ, Catherine TRAUTMANN

Proposal for a directive – amending act
Recital 22

(22) In view of the creation of an internal market for electricity, Member States should foster the integration of their national markets and the cooperation of network operators at European and ~~regional level~~national level. Regional integration initiatives are an essential intermediate step in achieving European integration of energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate on specific issues.

2008/03/17
Committee: ITRE

Dominique VLASTO, Herbert REUL, Paul RÜBIG, Nicole FONTAINE, Ján HUDACKÝ, Catherine TRAUTMANN

Proposal for a directive – amending act
Recital 22 a (new)

(22a) Regional coordinators could be appointed to facilitate dialogue between all relevant actors, national authorities, transmission system operators, users, electricity exchanges and other market actors. Their involvement could be particularly beneficial for the planning of cross-border investment. They will report annually to the Commission and the Member States on the progress made and difficulties encountered.

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 1 a (new)

Directive 2003/54/EC
Article 3 – paragraph 3 – subparagraph 1

(1a) In Article 3(3), subparagraph 1 shall be replaced by the following: “(3) Member States shall ensure that all household customers, and, where Member States deem it appropriate, small enterprises, (namely enterprises with fewer than 50 occupied persons and an annual turnover or balance sheet not exceeding EUR 10 million), enjoy universal service, that is the right to be supplied with electricity of a specified quality within their territory at reasonable, cost-based and easily and clearly comparable and transparent prices. To ensure the provision of universal service, Member States may appoint a supplier of last resort. Member States shall impose on distribution companies an obligation to connect customers to their grid under terms, conditions and tariffs set in accordance with the procedure laid down in Article 23(2). Nothing in this Directive shall prevent Member States from strengthening the market position of the domestic, small and medium-sized consumers by promoting the possibilities of voluntary aggregation of representation for this class of consumers.”

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 1 b (new)

Directive 2003/54/EC
Article 3 – paragraph 3 a (new)

(1b) In Article 3, the following paragraph shall be added: "(3a) Member States should ensure that all customers are entitled to have their electricity provided by a supplier, subject to the supplier’s agreement, regardless of in which Member State the supplier is registered. In this regard, Member States must take all measures necessary to ensure that companies registered in their country of origin can supply customers without having to fulfil any further conditions.”

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 1 c (new)

Directive 2003/54/EC
Article 3 – paragraph 3 b (new)

(1c) In Article 3, the following paragraph shall be added: “(3b) Member States should ensure that customers are entitled to: (a) change supplier within two weeks, subject to the conditions of the supply agreement; and (b) receive all consumption data. It should be ensured that these procedures are accessible to all market players without discrimination with regard to cost, effort or time.”

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 1 d (new)

Directive 2003/54/EC
Article 3 – paragraph 3 c (new)

(1d) In Article 3, the following paragraph shall be added: The Member States should set out a definition of energy poverty at national level. Regulators and other market players should be involved in a consultation process in this regard.”

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 2

Directive 2003/54/EC
Article 3 – paragraph 10

2. In Article 3, the following paragraph 10 is added: "10. The Commission may adopt guidelines for the implementation of this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)."deleted

2008/03/17
Committee: ITRE

Herbert REUL, Nicole FONTAINE, Erna HENNICOT-SCHOEPGES, Nikolaos VAKALIS, Angelika NIEBLER, Ján HUDACKÝ, Vladimir URUTCHEV, Werner LANGEN, Paul RÜBIG, Dominique VLASTO

Proposal for a directive – amending act
Article 1 – point 3

Directive 2003/54/EC
Article 5a

1. Member States shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory framework. ~~The geographical area covered by regional cooperations shall be in line with the definition of geographical areas b~~1a. When the cooperation between several Member States at a regional level encounters significant difficulties, following the joint request of these Member States the Commission may designate, in agreement with all Member States concerned, a regional coordinator. 1b. The regional coordinator shall promote at a regional level the cooperation of national regulatory authorities and any othe ~~Commission in accordance with Article 2h(3) of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions f~~r competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators at drawing up of their regional interconnection plan and contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory a~~ccess to the network for cross-border exchanges in electricity."~~ uthorities and other competent national public authorities with the preparation of common allocation and common safeguard mechanisms; (c) annually submit a report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such a progress.

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 3

Directive 2003/54/EC
Article 5 a

1. Member States and regulatory authorities shall cooperate among themselves for the purpose of integrating their national markets at least at thone or more regional levels. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory framework. The geographical area covered by regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity.

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 3 a (new)

Directive 2003/54/EC
Article 5a – paragraph 1 a (new)

(3a) In Article 5a, the following paragraph shall be added: "1a. Member States, regulatory authorities and all market players shall work together to harmonise their data exchange procedures for the most important market processes.” Or. xm (Adding new paragraph 1a to Article 5a of Directive 2003/54/EC)

2008/03/17
Committee: ITRE

Avril DOYLE, Paul RÜBIG

Proposal for a directive – amending act
Article 1 – point 3 h (new)

Directive 2003/54/EC
Article 7 a (new)

(3h) The following Article shall be inserted: "Article 7a Limits of operator’s liability in the event of a severe nuclear accident An undertaking responsible for the operation of a nuclear power plant shall, on an annual basis, demonstrate to the competent national authority and to the Commission that it holds valid insurance policy covering third-party claims resulting from a severe nuclear accident to a minimum level of 2500 million EUR per event." Or. en (Adding a new Article 7a to Directive 2003/54/EC)

2008/03/17
Committee: ITRE

Herbert REUL, Nicole FONTAINE, Erna HENNICOT-SCHOEPGES, Nikolaos VAKALIS, Angelika NIEBLER, Ján HUDACKÝ, Vladimir URUTCHEV, Werner LANGEN, Paul RÜBIG, Dominique VLASTO

Proposal for a directive – amending act
Article 1 – point 3 h (new)

Directive 2003/54/EC
Article 7 a (new)

(3h) The following Article shall be inserted: "Article 7a In order to ensure the independence of transmission system operators, Member States shall ensure that as from [date of transposition plus one year] vertically integrated undertakings have to comply either with Article 8(1), points (a) to (d), or with Article 10 or with the provisions of Article 8ba." Or. en (Adding a new Article 7a to Directive 2003/54/EC)

2008/03/17
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 5

Directive 2003/54/EC
Article 8a

Control over transmission system owners and transmission system operators 1. Without prejudice to the international obligations of the Community, transmission systems or transmission system operators shall not be controlled by a person or persons from third countries. 2. An agreement concluded with one or several third countries to which the Community is a party may allow for a derogation from paragraph 1.Article 8a deleted

2008/04/11
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 5

Directive 2003/54/EC
Article 8b

1. Undertakings which own a transmission system and which have been certified by the national regulatory authority as having complied with the requirements of Article 8(1) and 8a, pursuant to the certification procedure below, shall be approved and designated as transmission system operators by Member States. The designation of transmission system operators shall be notified to the Commission and published in the Official Journal of the European Union. 2. Without prejudice to the international obligations of the Community, where certification is requested by a transmission system owner or transmission system operator controlled by a person or persons from third countries in compliance with Article 8a, it shall be denied unless the transmission system owner or transmission system operator demonstrate that there is no possibility for the entity concerned to be influenced, in violation of Article 8(1), directly or indirectly by any operator active in the production or supply of gas or electricity or by a third country. 3. Transmission system operators shall notify to the regulatory authority any planned transaction which may require a reassessment of their compliance with Articles 8(1) or 8a. 4. Regulatory authorities shall monitor the continuing compliance of transmission system operators with Articles 8(1) and 8a. They shall open a certification procedure to ensure such compliance: (a) upon notification by the transmission system operator pursuant to paragraph 3; (b) on their own initiative where they have knowledge that a planned change in rights or influence over transmission system owners or transmission system operators may lead to an infringement of Articles 8(1) or 8a, or where they have reason to believe that such an infringement may have occurred; or (c) upon reasoned request from the Commission. 5. The regulatory authorities shall adopt a decision on the certification of a transmission system operator within four months from the date of the notification by the transmission system operator or from the date of the Commission request. After expiry of this period, the certification is deemed to be granted. The explicit or tacit decision of the regulatory authority may become effective only after the conclusion of the procedure set out in paragraphs 6 to 9 and only if the Commission fails to raise objections against it. 6. The explicit or tacit decision on the certification of a transmission system operator shall be notified without delay to the Commission by the regulatory authority, together with all the relevant information with respect to the decision. 7. The Commission shall examine the notification as soon as it is received. Within two months after receiving a notification, where the Commission finds that the decision of the regulatory authority raises serious doubts as to its compatibility with Articles 8(1), 8a or 8b(2), it shall decide to initiate proceedings. In such a case, it shall invite the regulatory authority and the transmission system operator concerned to submit comments. Where additional information is sought by the Commission, the two-month-period may be extended by two additional months starting from the receipt of the complete information. 8. Where the Commission has decided to initiate proceedings, it shall, within not more than four months of the date of such decision, issue a final decision (a) not to raise objections against the decision of the regulatory authority; or. (b) requiring the regulatory authority concerned to amend or withdraw its decision if it considers that Articles 8(1), 8a or 8b(2) have not been complied with. 9. Where the Commission has not taken a decision to initiate proceedings or a final decision within the time-limits set in paragraphs 7 and 8 respectively, it shall be deemed not to have raised objecArticle 8b deleted Designations against the decision of the regulatory authority. 10. The regulatory authority shall comply with the Commission decision to amend or withdraw the certification decision within a period of four weeks and shall inform the Commission accordingly. 11. Regulatory authorities and the Commission may request from transmission system operators and undertakings performing any of the functions of generation of supply any information relevant for the fulfilment of their tasks under this Article. 12. Regulatory authorities and the Commission shall preserve the confidentiality of commercially sensitive information. 13. The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 6 to 9. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)nd certification of transmission system operators

2008/04/11
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 5

Directive 2003/54/EC
Article 8b – paragraph 13

13. The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 6 to 9. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).deleted

2008/04/11
Committee: ITRE

Herbert REUL, Nicole FONTAINE, Erna HENNICOT-SCHOEPGES, Nikolaos VAKALIS, Angelika NIEBLER, Ján HUDACKÝ, Vladimir URUTCHEV, Werner LANGEN, Paul RÜBIG, Dominique VLASTO

Proposal for a directive – amending act
Article 1 – point 5 a (new)

Directive 2003/54/EC
Article 8b a (new)

(5a) The following Article shall be inserted: "Article 8ba Effective and efficient unbundling of transmission systems I. Assets, equipment, staff and identity Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of electricity transmission, in particular: (a) transmission system operator shall own assets that are necessary for the regular business of electricity; (b) transmission system operator shall employ personnel necessary for the regular business of electricity transmission; (c) leasing of personnel and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, shall be limited to cases with no discriminatory potential and be subject to approval by national regulatory authorities in order to exclude competition concerns and conflicts of interest; (d) appropriate financial resources for future investment projects shall be available in due time. 2. The activities deemed necessary for the regular business of electricity transmission mentioned in paragraph 1 shall at least include : (a) representation of the transmission system operator and contacts with third parties and national regulatory authorities; (b) granting and managing third party access to the grid; (c) collection of the access charges, congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No. 1228/2003; (d) operation, maintenance and development of the transmission system; (e) investment planning ensuring the long-term ability of the system to meet reasonable demand and guaranteeing security of supply; (f) legal services; (g) accountancy and IT services. 3. Transmission system operators shall have a legal form of a joint-stock company. 4. The transmission system operator shall have its own corporate identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. Transmission system operators´ accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator management, chief executive officer / executive board 6. Decisions on the appointment and on any early termination of the employment of the chief executive officer / members of the executive board of the transmission system operator and the conclusion or early termination of respective employment contracts with these persons shall be notified to the national regulatory authority or any other competent national public authority. These decisions and agreements may become binding only if, within a period of 3 weeks after the notification, the national regulatory authority or any other competent national public authority has not used it's right of veto. A veto may be used in the case of appointment and conclusion of respective contractual agreements if serious doubts arise as to the professional independence of the nominated chief executive officer / member of the executive board; in the case of early termination of employment and respective employment contracts with the chief executive officer / member of the executive board, the national regulatory authority or any other competent national public authority may use its right of veto if serious doubts exist regarding the basis and justification for such termination. 7. Right of appeal to the regulatory authority or another competent national public authority or to a court shall be guaranteed to the chief executive office or the member of the executive board of the transmission system operator in case of early terminations of their employment. 8. After termination of employment in the transmission system operator, chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 9. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. His/their remuneration shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 10. The chief executive officer or the members of the executive board of the transmission system operator may not bear responsibility, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 11. Without prejudice to the provisions above, the transmission system operator shall have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the economic and management supervision rights of the parent company in respect of return on assets, regulated indirectly in accordance with Article 22c, in a subsidiary are protected. In particular, this shall enable the parent company to approve the annual financial plan, or any equivalent instrument, of the transmission system operator and to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 12. Chairmen of the supervisory board/board of directors of the transmission system operator shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply. 13. The supervisory boards / boards of directors of transmission system operator shall include also independent members, appointed for a term of at least 5 years. Their appointment shall be notified to the national regulatory authority/ or any other competent national public authority and become binding under the conditions described in paragraph 6. 14. For the purpose of paragraph 13, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he is free of any business, or other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that creates a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to their appointment as a member supervisory board / board of directors; (b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not hold any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board / board of directors. IV. Compliance officer 15. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. The programme shall also set out specific obligations of employees of the transmission system operator to meet this objective. The programme shall be subject to approval of the national regulatory authority or any other competent national public authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 16. The chief executive officer / executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for : (a) monitoring the implementation of the compliance programme; (b) elaborating an annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the national regulatory authority; (c) issuing recommendations on the compliance programme and its implementation. 17. The independence of the compliance officer shall be guaranteed in particular by the terms of his/her employment contract 18. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and the national regulatory authorities. 19. The compliance officer shall participate at all meetings of the supervisory board / board of directors of the transmission system operator that address the following issues: (a) conditions for access and connection to the grid, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (b) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (c) balancing rules, including reserve power rules; (d) energy purchases in order to cover energy losses. 20. During these meetings, the compliance officer shall prevent information about generation or supply activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 21. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all necessary information for the proper fulfilment of the tasks. 22. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after prior approval by the national regulatory authority."

2008/04/11
Committee: ITRE

Herbert REUL, Nicole FONTAINE, Erna HENNICOT-SCHOEPGES, Nikolaos VAKALIS, Angelika NIEBLER, Ján HUDACKÝ, Vladimir URUTCHEV, Werner LANGEN, Paul RÜBIG, Dominique VLASTO

Proposal for a directive – amending act
Article 1 – point 6 g (new)

Directive 2003/54/EC
Article 9 –paragraphs 1a to 1 k (new)

(6g) In Article 9, the following paragraphs shall be inserted: "Transmission system operators shall elaborate a 10-year network development plan at least every two years. They shall provide efficient measures in order to guarantee system adequacy and security of supply. The 10-year network development plan shall in particular : a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years, b) contain all the investments already decided and identify new investments for which an implementation decision has to be taken in the next three years. In order to elaborate this 10-year network development plan, each transmission system operator shall make reasonable hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account regional and European-wide existing network investment plans. Transmission system operators shall submit in due time the draft of this plan to the competent national body. The competent national body shall consult all relevant network users on the basis of such draft in an open and transparent manner and may publish the result of the consultation process, in particular possible needs for investments. The competent national body shall examine whether the draft 10-year network development plan covers all investment needs identified in the consultation. The competent national body may oblige the transmission system operator to amend its draft of the plan. Competent national body may be the national regulatory authority, any other competent national public authority or a network development trustee constituted by transmission system operators. In the latter case, transmission system operators shall submit the drafts of the statutes, the list of members and of the rules of procedure to the approval of the competent national public authority. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan to be executed in the next three years, Members States shall ensure that the national regulatory authority or any other competent national public authority have the competence to take one of the following measures: a) request by all legal means the transmission system operator to execute its investment obligations by using its financial capacities or, b) invite independent investors to participate in a tender for necessary investment in a transmission system and may at the same time oblige the transmission system operator: (i) to agree to financing by any third party, (ii) to agree to building by any third party or to build the respective new assets and (iii) to operate the respective new asset. The relevant financial arrangements shall be subject to the approval of the national regulatory authority or any other competent national public authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. Competent national public authority shall monitor and evaluate the implementation of the investment plan. Transmission system operators shall be obliged to establish and publish transparent and efficient procedures for non-discriminatory connection of new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities or any other competent national public authority Transmission system operators shall not be entitled to refuse the connection of a new power plant on the grounds of possible future limitations to available network capacities, e.g. congestion in distant parts of the transmission grid. The transmission system operator shall be obliged to supply necessary information. Transmission system operators shall not be entitled to refuse a new connection point on the sole ground that it will lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point."

2008/04/11
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 8

Directive 2003/54/EC
Article 10 a – paragraph 3

3. The Commission may adopt guidelines to ensure full and effective compliance of the transmission system owner with paragraph 2 of this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).deleted

2008/04/11
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 10 - point (c)

Directive 2003/54/EC
Article 15 – paragraph 4

4. The Commission may adopt guidelines to ensure full and effective compliance of the distribution system operator with paragraph 2 as regards the full independence of the distribution system operator, the absence of discriminatory behaviour, and that supply activities of the vertically integrated undertaking cannot take unfair advantage of its vertical integration. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)."deleted

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22a – paragraph 3 – point (b)

(b) its management is appointed for a ~~non~~ fixed term of five years, which may be renewed once, or for a non-renewable fixed term of ~~at least five~~up to 10 years, and may only be relieved from office during its term if it no longer fulfills the conditions set out in this Article or it has been guilty of serious misconduct

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22b – point (f a) (new)

"(fa) harmonisation of data exchange processes for the most important market processes at regional level."

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 1 – point (k)

(k) without prejudice to the competence of other national regulatory authorities, ~~ensu~~monitoring high standards of universal and public service for electricity, and the protection of vulnerable customers~~, and that consumer protection measures set out in Annex A are effective~~;

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 1 – point (k a) (new)

(ka) ensuring that consumer protection measures set out in Annex A are effective.

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 1 – point (o a) (new)

(oa) harmonisation of data exchange processes for the most important market processes at regional level.

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 3 – point (c)

(c) to request ~~any~~ information from electricity undertakings relevant for the fulfilment of its tasks;

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 4 – point (a)

(a) connection and access to national networks, including transmission and distribution tariffs~~. These tariff~~ and the methods used to calculate such tariffs. These tariffs and methodologies shall allow the necessary investments in the networks to be carried out in a manner allowing these investments to ensure the viability of the networks;

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 5

5. In ~~fixing or~~ approving the tariffs or methodologies, the regulatory authorities shall ensure that network operators are granted adequate incentive, over both the short and long term, to increase efficiencies, foster market integration and support the related research activities.

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 6

6. Regulatory authorities shall have the authority to require transmission and distribution system operators, if necessary, to modify the terms and conditions, including tariffs or methodologies referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner.

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 8

8. Any party who is affected and who has a right to complain concerning a decision on methodologies taken pursuant to this Article or, where the regulatory authority has a duty to consult, concerning the proposed tariffs or methodologies, may, at the latest within two months, or a shorter time period as provided by Member States, following publication of the decision or proposal for a decision, submit a complaint for review. Such a complaint shall not have suspensive effect.

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 12

12. Decisions taken by regulatory authorities shall be motivated and justified in order to facilitate legal scrutiny.

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 13

13. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a ~~body~~court or other autonomous national authority that is independent of the parties involved and of government influence.

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22c – paragraph 14

14. The Commission may adopt guidelines on the implementation by the regulatory authorities of the powers described in this Article. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).deleted

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22d - paragraph 2 a (new)

"(2a) Regulatory authorities shall have the right to enter into agreements with other EU regulatory authorities to foster regulatory cooperation."

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

4. To ensure the uniform application of this Article, the Commission may adopt guidelines which define the methods and arrangements for record keeping as well as the form and content of the data that shall be kept. These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).deleted

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 12

Directive 2003/54/EC
Article 22f – paragraph 5

5. With respect to transactions in electricity derivatives of supply undertakings with wholesale customers and transmission system operators, this Article shall only apply once the Commission has adopted the guidelines referred to in paragraph 4.deleted

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 14 c (new)

Directive 2003/54/EC
Annex A – point (a) – introductory part and indents 1 and 2

(14c) Annex A point a, first and second indents shall be amended as follows: "(a) have a right to a contract with their electricity supplier and, in addition, with the distribution system operator where relevant, that specifies where relevant for each type of contract:: - the identity and address of the company, - the services provided, the level of commercial and technical quality services offered, as well as the time for service activation,"

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 15

Directive 2003/54/EC
Annex A – point (h)

(h) have at their disposal their consumption data, and shall be able to, by explicit agreement and ~~free of charge, give any undertaking with a supply license~~with no transaction fee, give any supplier access to its metering data. The party responsible for data management is obliged to ~~give these data to the undertaking~~satisfy all justified requests for such data. Member States shall define an easily understandable format for the data and a procedure for suppliers and consumers to have easy access to the data. ~~No additional costs can be charged to the consumer for~~The regulatory authorities shall recognise any costs incurred by this service;

2008/03/19
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 15

Directive 2003/54/EC
Annex A – point (i)

(i) shall be properly ~~informed every month~~and regularly informed of actual electricity consumption and ~~costs. No additional costs can be charged to the consumer for~~prices. The regulatory authorities shall recognise any costs incurred by this service;.

2008/03/19
Committee: ITRE